Legal Question in Sexual Harassment in Florida

Re: sexual harassment

This is complicated because there are no "rights" per se for the accused. Rather, there are a variety of situations where the accused is disciplined or fired and the courts have either upheld or overturned the employer's action, depending on the circumstances. Certainly, though, you are also entitled to be free of sexual discrimination and if the employer takes unfounded action due to the allegation, you would probably have a sex discrimination case of your own.

In general, an employer must do a thorough investigation when sexual harassment is reported. That always should include a thorough interview of the parties involved where everyone gets the opportunity to tell their story.

You arguably should not be suspended while awaiting the opportunity or the outcome, unless the company has hard evidence (more than just the accusation, such as video or a witness) that you are guilty. Otherwise, they are potentially discriminating against you based on sex.

But it is a delicate situation. You do not want to lose the job, I assume, so you need to handle it diplomatically.

First, you should write down (and date) your recollection for yourself, with as much detail as possible. Everything that happened, everything that was said, dates, times, and anything else that is relevant. Has the woman accused you before? Have you had any other problems/disputes with her? Did you talk to anyone about it? If so, what did you say? Etc.

Second, consider calling work to make your case: you understand that they have to investigate but you are losing money and thus being punished before you have had a chance to defend yourself and that is unfair; you are not guilty and here's why ...; you would like to return to work and would like to know the status.

If you feel the need, you can hire an attorney to represent you and make the call. That may get quick action and force the employer to consider seriously taking any unfounded action against you.

If not, but things turn bad, you can take action later. That would probably entail filing your own sexual discrimination suit with the EEOC (it's free to file) against the employer and/or a wrongful termination or defamation suit. You could also sue the accuser for defamation and possibly interference with business opportunities as well as other wrongs (torts).

If you feel like you need an attorney, feel free to call or email.

Good luck,

Jeff Sheldon

The Sheldon Law Firm

[email protected]

813.986.7580

Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.